Application of Lounes C165/16 to Extended Family Members

F Angelov made this Freedom of Information request to Home Office

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The request was partially successful.

Dear Home Office,

This is a Freedom of Information Request.

Definitions

1. EEA/UK national within this context means a national of an EEA country who has acquired permanent residence in the UK following which has naturalised as British citizen and also retains his original EEA state nationality.

2. Recognised Extended Family Member within this context means an extended family member of an EEA/UK national as defined in 1 , who has been recognised as family member of the said EEA/UK national and who has been issued with residence card in the United Kingdom in accordance with Directive 2004/38/EC

FOI Request:

With reference to the Ruling in Lounes (C-165/16) and SI 2018 No. 801 which came into force 24th July 2018 please release any Home Office policy or caseworkers' guidance or similar information on implementing the CJEU judgment in Lounes (C-165/16) in relation to Recognised Extended Family Members of a naturalised EEA/UK dual national. In particular I am looking for anything that will clarify the treatment of such applications:

- whether such recognised extended family members are considered as family members for the purposes of having right to reside in accordance with Lounes and in line with Regulation 9A
-specifically whether Regulation 9.4.b is deemed to extend to Regulation 9A
- whether such recognised extended family members will need to submit a new application for residence documentation if the residence card already issued to them as EFM of an EEA national predates the EEA/UK family member's naturalisation
- whether such recognised extended family members in line with Regulation 9A will benefit from right to acquire permanent residence under Regulation 15 at the end of a 5 year qualifying period.

Yours faithfully,

F Angelov

FOI Requests, Home Office

Mr Angelov

Thank you for contacting the Home Office with your request.

This has been assigned to a caseworker (case ref 50166). We will aim to send you a full response by 09/10/2018 which is twenty working days from the date we received your request.

If you have any questions then please do not hesitate to contact us.

Thank you,

J Douglas
FOI Requests
Home Office

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FOI Responses, Home Office

1 Attachment

Dear F F Angelov

 

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FOI Responses, Home Office

1 Attachment

Dear F  Angelov

 

 

Please find enclosed response to your Freedom of Information Request.

 

                                                                                                                                             

 

Yours sincerely

 

 

BICS and Europe Correspondence

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